The following Property practice note provides comprehensive and up to date legal information covering:
In Koeppler, an unincorporated association was described as ‘an association of persons bound together by identifiable rules and having an identifiable membership’. This is a distillation of the lengthier definition found in Burrell.
From these definitions (and others) it is possible to deduce that an unincorporated association must:
involve at least two members who are engaged in a non-commercial activity which has a degree of permanence about it, and
have contractual rules which bind all the members
Many sports clubs, members’ clubs, political parties, charities and not-for-profit organisations operate as unincorporated associations. Most operate with very little, if any, real degree of formality.
An unincorporated association does not have a legal capacity separate from its members. This lack of legal personality causes a number of problems in relation to unincorporated associations. One particular problem is that it means an unincorporated association cannot own property in its own name; instead, any property must be held by individuals on behalf of the association.
Understanding the different ways in which an unincorporated association can receive and hold property enables a solicitor to determine:
whether property has been validly transferred to the association (if not, it will be held on a resulting trust for the transferor)
who is entitled to the association’s property if the association is wound
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
Property: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable) company registration number of buyer]Transaction: [insert brief details]1Executive summary1.1Scope of reportThis report is addressed to you [insert buyer’s name] and has been
Parliamentary committeesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to
Subrogation in insurance and reinsuranceWhat is the right of subrogation?In the context of insurance and reinsurance, the right of subrogation entitles an insurer or reinsurer, having indemnified the (re)insured, to ‘step into its shoes’ to bring an action in the (re)insured’s name. For the purpose
Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and
0330 161 1234